Newly arrived resident’s waiting period
739A Newly arrived resident’s waiting period
Subject to this section, a person who, on or after the commencement of this subsection:
enters Australia; or
becomes the holder of a permanent visa; or
becomes the holder of a visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph;
is subject to a newly arrived resident’s waiting period.
Subject to this section, if, immediately before the commencement of this subsection, a person was the holder of a visa that is in a class of visas determined by the Minister for the purposes of this subsection, the person is subject to a newly arrived resident’s waiting period.
If:
a person is subject to a newly arrived resident’s waiting period; and
before, on or after the commencement of this subsection, the person applies for a visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph;
the waiting period:
starts on the day on which the person applied for that visa; and
ends when the person has been in Australia for a period of, or periods totalling, 208 weeks after that day.
If:
a person is subject to a newly arrived resident’s waiting period; and
before, on or after the commencement of this subsection, the person was the holder of a visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph;
the period:
starts on the day on which the person applied for that visa; and
ends when the person has been in Australia for a period of, or periods totalling, 208 weeks after that day.
If:
a person is subject to a newly arrived resident’s waiting period; and
neither subsection (3) nor (4) apply to the person;
the waiting period starts on the day on which the person:
first entered Australia; or
becomes the holder of a permanent visa;
whichever occurs last, and ends on the day after the person has been in Australia for a period of, or periods totalling, 208 weeks after that day.
Neither subsection (1) nor (2) applies to a person if the person holds, or was the former holder of, a visa in a class of visas determined by the Minister, by legislative instrument, for the purposes of this subsection.
Neither subsection (1) nor (2) apply to a person if the person, in the Secretary’s opinion, has suffered a substantial change in circumstances beyond the person’s control after the person first entered Australia.
For permanent visa see subsection 7(1).
Neither subsection (1) nor (2) applies to a person if:
the person is a refugee, or a former refugee, at the time the person made the claim for a special benefit; or
the following apply:
before the person made the claim for a special benefit, the person was a family member of another person at the time the other person became a refugee;
the person is a family member of that other person at the time the person made the claim for a special benefit or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
the person is an Australian citizen at the time the person made the claim for a special benefit.
For the purposes of subsection (8):
family member has the meaning given by subsection 7(6D); and
former refugee has the meaning given by subsection 7(1); and
refugee has the meaning given by subsection 7(6B).
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